Seattle - WA
Law Seminars International Presents:

A One-Day Deep Dive Into

Environmental Due Diligence for Real Estate Transactions

Identifying the technical requirements for the regulatory pathway and evaluating strategies for moving forward

May 16, 2016

Seattle, WA
(or anyplace you may be via webcast!)

Intro

Who Should Order

Attorneys, land use, real estate and environmental professionals, lenders, corporate managers, and government officials.

Why You Should Order

Since the passage of CERCLA or "Superfund" in 1980 and the Washington Model Toxics Control Act (MTCA) in 1988, professionals have struggled with the who, what, where, why and hows of environmental due diligence. This same period has seen explosive growth in environmental regulations that have expanded the processes, procedures and liability associated with the purchase, sale or development of contaminated properties, which in turn have affected the scope of environmental due diligence. This Environmental Due Diligence seminar will combine a thorough discussion of the types of environmental due diligence, the methods for performing the same, and how the results of due diligence can be addressed in agreements regarding the sale or leasing of contaminated property. This seminar will also address continually evolving issues such as the use of Ecology's Voluntary Cleanup Program (VCP) and "No Further Action" letters, Prospective Purchaser Agreements (PPAs) to facilitate transactions, the increasing role of vapor intrusion issues, and the many ways in which parties may address these issues. Anyone involved in the due diligence process regarding contaminated or potentially contaminated properties will gain valuable insights from this seminar. Hope to see you there.

~ Bradley B. Jones, Gordon Thomas Honeywell Malanca Peterson & Daheim LLP, and Lynn T. Manolopoulos, Davis Wright Tremaine LLP, Program Co-Chairs

What You Will Learn

  • ~ Avoiding unseen liabilities and establishing an "innocent purchaser" defense.
  • ~ Phase 1 Environmental Site Assessment process
  • ~ Phase 2 Scientific approaches and tools for addressing Vapor Intrusion
  • ~ Solving environmental issues with regulators
  • ~ Addressing due diligence results in contracts and change of land use applications
  • ~ Alternative strategies for moving the deal forward
  • ~How property buyers/owners should approach lender expectations
  • ~ Role of insurance and its potential use as a funding source for assessments and cleanup
  • ~ Coordinating real estate entitlement, redevelopment, and environmental cleanup to reduce remediation costs and maximize value
  • ~ Case studies of real world problems and solutions

What Attendees Said

  • "Excellent topics and quality speakers!"
  • "Great mix of political, technical, legal and financial perspectives. Well-designed panels. I am amazed at the high level and quality of the speakers at this conference."
  • "The networking opportunities were very good."

Agenda

Monday, May 16, 2016

8:00 am

Registration Opens

8:30 am

Overview: What is Environmental Due Diligence? - (Session # 1)

In what context does environmental due diligence arise and why is it important? (e.g. avoiding unseen liabilities, establishing an "innocent purchaser" and allocating responsibility)

Bradley B. Jones, Esq. , Program Co-Chair
Gordon Thomas Honeywell Malanca Peterson & Daheim LLP / Tacoma, WA

Lynn T. Manolopoulos, Esq. , Program Co-Chair
Davis Wright Tremaine LLP / Bellevue, WA

8:45 am

The Process and Science Behind Environmental Due Diligence

Phase I Environmental Site Assessment Process: ASTM E1527 and E2600

Tina M. Huff , Principal Regulatory Specialist
Farallon Consulting LLC / Issaquah, WA

Phase 2 scientific approaches and tools for addressing Vapor Intrusion and/or other environmental concerns

Suzanne Stumpf , Associate Engineer
SoundEarth Strategies, Inc. / Seattle, WA

10:00 am

Break

10:15 am

Regulatory Process and Policy: Concerns and Options - (Session # 2)

Solving identified due diligence environmental issues with the regulator: How the regulations are applied; navigating the process; voluntary cleanup program; implementation of MTCA amendments; availability of Pre-Purchaser Consent Decrees (PPCD)

Peter Kmet, P.E. , Senior Environmental Engineer
Washington State Department of Ecology / Olympia, WA

Regulated community perspective on the key issues: What these things really mean to our clients

Josh M. Lipsky, Esq.
Cascadia Law Group / Seattle, WA

11:15 am

Strategic Approaches for Addressing the Results of Your Due Diligence through Real Estate Transactions and Changes in Land Use

Identifying the technical requirements for the regulatory pathway and evaluating strategies for moving forward

Allison Geiselbrecht, Ph.D. , Principal
Floyd | Snider / Seattle, WA

Contract drafting tips: Anticipating and effectively addressing the terms each party will need to ensure that it receives what it is expecting from the transaction, including insurance recovery and assignment provisions

Michael A. Nesteroff, Esq.
Lane Powell PC / Seattle, WA

12:15 pm

Lunch (on your own)

1:30 pm

Financing: Lender Expectations and How Property Buyers/Owners Should Approach Them - (Session # 3)

Lender perspective on risk assessment based on good and bad results over the past couple of decades: Origins of lender liability, MTCA etc.; internal review processes; how best to approach the bank

Michael Wearne , Vice President
Columbia Bank / Tacoma, WA

2:15 pm

Role of Insurance in Environmental Due Diligence: Beyond Risk Management to Potential Use as a Funding Source for Assessments and Cleanups

New products on the market to protect against future claims and how they can help make a deal happen; information required to obtain the coverage

John J. Houlihan, Jr., Esq.
Houlihan Law / Seattle, WA

3:00 pm

Break

3:15 pm

The Critical Issue of Cost Effectiveness - (Session # 4)

How to coordinate real estate entitlement, redevelopment and environmental cleanup to reduce remediation costs and maximize value

Lynn T. Manolopoulos, Esq. , Program Co-Chair
Davis Wright Tremaine LLP / Bellevue, WA

Campbell Mathewson , VP & Designated Broker
Century Pacific / Seattle, WA

4:00 pm

Wrap Up Case Studies: War Stories with Real Lessons

Tips for resolving issues at the intersection of environmental cleanup, Clean Water Act permitting and compliance, wetlands, tribal artifacts or treaty rights, and GMA plus development of tools like public private partnerships

Bradley B. Jones, Esq. , Program Co-Chair, Moderator
Gordon Thomas Honeywell Malanca Peterson & Daheim LLP / Tacoma, WA

Joseph E. Delaney, Esq.
Foster Pepper PLLC / Seattle, WA

5:00 pm

Evaluations and Adjourn

Faculty Bios

Bradley B. Jones Program Co-Chair, Gordon Thomas Honeywell LLP, practices environmental law with an emphasis on negotiations, mediation and litigation involving responsibility for hazardous and toxic waste cleanup, particularly contaminated sediments. Significant experience with CERCLA, MTCA, natural resource damages (NRD) and mitigation. Recognized by Super Lawyers and Best Lawyers.

Lynn T. Manolopoulos , Program Co-Chair, Davis Wright Tremaine LLP, lawyer and chemical engineer who represents a wide range of industrial, commercial, and individual clients, specifically regarding enforcement defense, environmental compliance counseling, Brownfields redevelopment, permitting and cost recovery, and citizen suit litigation.

Joseph E. Delaney , Foster Pepper PLLC, focuses his practice on real estate and environmental law and has represented clients in transactions involving contaminated properties. He is also recognized by Best Lawyers.

Allison Geiselbrecht, Princi pal, Floyd | Snider, is a doctored microbiologist with over 13 years experience coordinating projects involving interdisciplinary teams. She assists industrial and municipal clients with technical evaluations, regulatory strategy analysis and development, and negotiations with governmental agencies. She has experience with investigations completed under CERCLA and RCRA as well Washington State regulations.

John J. Houlihan, Jr. , Houlihan Law, entreprenurial attorney with experience in environmental, commercial real estate, land use, and general business law, litigation and counseling. He serves as general counsel to several Seattle real estate holding companies.

Tina M. Huff , Principal Regulatory Specialist, Farallon Consulting LLC, environmental professional with over 15 years of experience in environmental due diligence and environmental regulatory compliance. She has provided technical services regarding environmental liabilities for billions of dollars worth of commercial real estate.

Peter Kmet is a Senior Environmental Engineer with the Department of Ecology's Toxic Cleanup Program. He supervised the Ecology staff that wrote the State's first cleanup regulations under MTCA and was a major contributor to amendments adopted in February 2001.

Josh M. Lipsky , Cascadia Law Group, focuses his practice on hazardous waste cleanup and liability, including representing clients at Northwest Superfund sites, in contaminated property transactions and in cost recovery disputes. He also represents clients in claims for natural resource damages, project permitting, hazardous and solid waste management, and water quality permitting issues. Recognized by Super Lawyers.

Campbell Mathewson , VP & Designated Broker, Century Pacific, responsibilities involve investment, acquisition, disposition, joint venture and lease assignments, as well as managing the development entitlement process for several large acreage developments.

Suzanne Stumpf , Associate Engineer, SoundEarth Strategies, Inc., experience includes remedial investigation, site characterization, vapor intrusion evaluation and mitigation, remedial system design and implementation, operation and maintenance of remedial systems, insurance cost recovery, project and client management, and general contractor for large scale excavation projects.

Michael Wearne , is Vice President at Columbia Bank, where he is responsible for Environmental Risk Management. He is on the Board of the Environmental Bankers Association, and previously served Gov. Locke in development of the Area-Wide Soil Contamination Task Force Report.

Credits

Continuing Education Credits

Live credits: This program qualifies for 6.75 WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Webcast Options

Video Replays allow you to time-shift your content. The Vodcast has navigation tools and search capabilities that allow you to quickly find the portions most important to you. It allows you to plug a flashdrive into your laptop and make effective use of in-flight plane time.

Audio Podcasts are perfect for making more effective use of the time you spend commuting.

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